Kamal & Ors v. The State (Govt of NCT of Delhi) & Ors

Delhi High Court · 23 Nov 2016 · 2016:DHC:9087
A.K. Pathak
W.P.(CRL) 2840/2015 & CRL.M.A. 17926/2015; W.P.(CRL) 2843/2015 & CRL.M.A. 17935/2015
2016:DHC:9087
criminal petition_allowed

AI Summary

The Delhi High Court quashed FIRs arising from a trivial neighborly dispute after parties amicably settled, emphasizing the interest of justice and harmony.

Full Text
Translation output
7' .
\ $-2/3 HIGH COURT OF DELHI
W.P.(CRL) 2840/2015 &CRL.M.A. 17926/2015
KAMAL & ORS Petitioners
Through :Mr. Zahid Ali, Adv.
VERSUS
THE STATE (GOVT OF NOT QF DELHI) &ORS Respondents
Through Mr. Ankit Kumar Gulia, Adv. for Mr. R.S. Kundu, ASC with SI Bhim Sain
Kaushik, P.S. Sonia Vihar for the State Respondent no. 2 in person.
-AND, W.P.(CRL) 2843/2015 &CRL.M.A. 17935/2015
JOGINDER SINGH Petitioner
Through : Mr. ZahidAli, Adv.
VERSUS
THE STATE (GOVT OF NOT OF DELHI) Respondents
Through Mr. Ankit Kumar Gulia, Adv. for Mr. R.S. Kundu, ASC with STBhim Sain
Kaushik, P.S. Sonia Vihar for the State Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PAtHAK
23.11.2016 Bythese petitions, petitioners and respondent no. 2 have prayed for
2016:DHC:9087 i quashing of foUowing cross FIRs;- ^
(a) FIR No. 375/2015 under Sections 341/323/308/34 IPG registered at
P.S, Sonia Vihar on the complaint of respondent no. 2 Jogindra Singh in
W.P.(CRL) no. 2840/2015. , .
(b) FIR No. 376/2015 under Sections 323/325/341/308/34 IPG registered at P.S. Sonia Vihar on the complaint of respondent no. 2 Sudhish in
W.P.(GRL) ito. 2843/2015. : ' Petitioners and private respondents, in both petitions, are, neighbours.
Aperusal ofFIRs shows that aquarrel ensued on some trivial matter, which resulted in the present incident, wherein petitioners and private respondents, in both petitions, sustained injuries. Being neighbours, petitioners and private respondents have settled their disputes amicably vide Gompromise
Deed dated 6^'' August, 2015, inasmuch as they want to maintain harmonious
"relation in future. Complainants/injured persons, in both the FIRs, are present in Gourt and state that they do not wish to pursue the matter any further, in view of the settlement arrived at between them. They want to maintain harmonious relation in future. !
Keeping in mind the fact that a , quarrel, einsued between the neighbours on some trivial matter, and a compromise has beeii entered into i
• • ^ between them, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice both the FIRs, that is, FIR No. 375/2015 under Sections 341/323/308/34 IPG and
FIR No. 376/2015 under Sections 323/325/341/308/34 IPG, both registered atP.S. Sonia Vihar, which are atthe investigation stage, are quashed.
Both the writ petitions are disposed of in the above terms.
Miscellaneous applications are disposed ofas infiuctuous. Dasti.
NOVEMBER 23, 2016 rb
JUDGMENT